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2017 Supreme(Kar) 945

K.N.PHANEENDRA
Suresh S/o Malhar Rao Solapurkar – Appellant
Versus
Vasant S/o Shrinivas Gai – Respondent


Advocates Appeared:
For the Appellants :Sri Ameet Kumar Deshpande, Advocate

JUDGMENT :

1. Heard the learned counsel appearing for the appellants. Perused the judgments and decree passed by the Trial Court and the First Appellate Court.

2. After hearing the learned counsel for the appellants, the following substantial question of law is framed:

Whether the First Appellate Court has committed any serious legal error in returning the memorandum of appeal to the appellants holding that it has no monetary jurisdiction, ignoring the relevant provisions of law under Sections 41, 49, 50 and 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 and also Section 21 of the Code of Civil Procedure?

3. For the purpose of easy understanding and convenience, ranks of the parties as per their ranks before the Trial Court is retained.

4. Though the respondents/defendants are served with the notice, they remained absent and unrepresented. The above substantial question of law is framed and heard simultaneously.

5. The moot question that has been raised by the learned counsel for the appellants is that the First Appellate Court without following the procedure and also without looking into the relevant provisions has disposed of the appeal in a shortcut method by ordering to

































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